Gopal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2699 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- RIGA District- Sitamarhi ====================================================== Gopal Singh S/o- Vijay Singh Village- Riga Sherwa Tola Ward No.10 PSRiga Dist-Sitamarhi ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Hema Devi wife of Kundan Paswan Village- Yagbana Ps- Riga DistSitamarhi ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Hans Lal Kumar, Advocate For the Respondent/s :
Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-09-2024 Heard learned counsel for the appellant as well as learned APP for the State.
2. This memo of appeal has been preferred on behalf of the appellant under Sections 447, 323, 385, 387, 504, 506/34 of the Indian Penal Code and Section 3 (1) (w) (i) of the SC/ST (POA) Act for setting aside the order dated 06.05.2024, passed by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, Sitamarhi in connection with Riga P.S. Case No. 44 of 2024 by which the appellant has been rejected.
3. As per allegation, the appellant demanded Rs. 50,000/- as ransom from the informant and he also threatened him to refrain from being leader of the community and also pointed pistol at
Patna High Court CR. APP (SJ) No.2699 of 2024(4) dt.09-09-2024 2/3 him.
4. Learned senior counsel for the appellant submits that it is true that there are some cases against the appellant, but so far as this allegation is concerned, it is totally false. There is no payment of ransom and the offence is punishable up to two years. He also submits that the appellant is in custody since 26.03.2024.
5. On the other hand, the learned counsel for the informant submits that the appellant is a person of strong criminal antecedent and a number of cases are pending against him and the cases relate to only on Riga Police Station.
6. Considering the nature of allegation and period of incarceration, let the appellant above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, Sitamarhi in connection with Riga P.S. Case No. 44 of 2024, subject to the following conditions:- (i) The appellant shall remain present physically on each and every date before the court below. In case of failure on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the appellant.
(ii) If the appellant is found involved in any other case
Patna High Court CR. APP (SJ) No.2699 of 2024(4) dt.09-09-2024 3/3 except those which have been mentioned in paragraph 3 of the bail petition, his bail bond shall be cancelled. (Nawneet Kumar Pandey, J) Guddu/- U T